A Caribbean immigration attorney in New York says that nationals still have a hope of being able to adjust their legal status, even if they have overstayed their US visa or entered the US without the correct documentation.
On Sunday, Brooklyn-based Roland Ottley, an immigration attorney who was born overseas, told the Caribbean Media Corporation that residents who did not comply with immigration rules to start with still have a shot at being legal permanent residents in the US. Ottley says that between 1 October 1994 and 30 April 2001, individuals in the US were allowed by the US government to change their legal status to become lawful permanent residents or even get a green card, despite their unlawful presence in the country.
Ottley added that, while this section of the law expired in 2001, there is still a chance to take advantage of INA section 245(i) by US residents who may have been given its protection. Principal or derivative beneficiaries of an I130, I145, I369, I526, or a labor certificate that was filed either on before 30 April 2001 could be eligible for grandfathering, via Section 245(b).
Ottley noted that many residents are unaware of applications such as these being filed for family members, so they could have been given derivative benefits from petitions filed on behalf of their parents or at any time before the end of April 2001. It is crucial to investigate whether an application such as this was ever filed.